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Category Archives: Practice Issues

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How to divide an Island and other wedding gift questions

Posted in Equitable Distribution, Practice Issues, Property Settlement Agreements

The BBC has recently reported that Cristiano Ronoldo, the soccer superstar, has given his agent a Greek Island for a wedding gift. While a Greek island may not be the typical wedding gift for most couples, the question of how the wedding gifts are divided in the event of a divorce certainly comes up often.… Continue Reading

BE CAREFUL WHAT YOU WISH FOR…BECAUSE YOU JUST MIGHT GET IT

Posted in Alimony, Child Support, Divorce, Interspousal Agreements, Modification, Practice Issues, Property Settlement Agreements

As a matter of public policy, New Jersey Courts favor the enforcement of agreements reached between parties. Since Marital Settlement Agreements (“MSA”) are entered into consensually and voluntarily, they are often approached with a predisposition in favor of their validity and enforceability.  That notwithstanding, these agreements are enforceable only if they are fair and equitable.… Continue Reading

MARRY HER ANYWAY? NO MATTER WHAT THEY SAY? WELL, IT MAY END IN ANNULMENT ANYWAY

Posted in Civil Unions and Domestic Partnerships, Divorce, Equitable Distribution, Interspousal Agreements, Practice Issues, Property Settlement Agreements

Romeo and Juliet, Sir Lancelot and Guinevere, Katniss Everdeen and Peeta Mellark – for some of these star-crossed lovers, their journeys ended with hemlock, in exile, or…well…no spoilers.  For Easton and Mercer, their romance ended with an annulment on the grounds of equitable fraud in a lengthy decision delivered by Judge Jones in Ocean County… Continue Reading

THE EXPERT IS NOT THE QUARTERBACK: DON’T LET THEM STAND IN THE WAY OF SETTLEMENT

Posted in Practice Issues

In many cases, experts are a necessary, if not invaluable asset to have on your team. Often, they are not only needed to provide the necessary financial calculations (e.g. business valuation, calculating true income/cash flow, lifestyle analyses, tax calculations, alimony and child support scenarios, etc.), they can often help with the negotiation of issues relating… Continue Reading

CAN YOU TRAVEL INTERNATIONALLY WHEN CONSENT IS UNREASONABLY WITHHELD? NEW JERSEY COURT WEIGHS IN

Posted in Custody, Grandparent Visitation, Practice Issues, Visitation/Parenting Time

Too often, I see people trying to make their co-parent’s life difficult just for the sake of being difficult.  Want to take your child to the carnival?  No – it interferes with dad’s parenting time by 30 seconds.  Want to enroll your child in karate?  Sorry – mom has plans to watch paint dry with… Continue Reading

CO-PARENTING CALENDARS – I’M NOT YOUR SECRETARY – OR AM I?

Posted in Custody, Practice Issues, Visitation/Parenting Time

In the highly scheduled, some say overscheduled, world of suburban children, figuring out where they are supposed to be and when is a constant battle. It is hard enough to do in an intact family, much less in divorced families where the parties are tasked to co-parent.  I know this week, just the addition of end… Continue Reading

MAKING THE RELEASE OF THE DEPENDENCY EXEMPTION CONDITIONED UPON THE RECEIPT OF THE CHILD SUPPORT DUE

Posted in Child Support, Practice Issues, Tax Exemption

One of the issues to resolve in a divorce cases is the allocation of the dependency exemptions. While the IRS says that they should go to the custodial parent, by and large, states, including New Jersey feel that they can allocate the exemptions between parents and there is case law to that affect. In most… Continue Reading

JUDGES ARE SUPPOSED TO DECIDE MATTERS RIPE FOR DECISION – NOT SEND IT TO MEDIATION – SHOCKING!?!

Posted in Mediation/Arbitration, Practice Issues

We have all had this happen.  Letters get written back and forth to try to settle a matter and/or you just file a motion because the issue is clear based upon the law and the facts.  Or, the parties, for whatever reason, just wont resolve an issue because one or both is being unreasonable.  So… Continue Reading

WHEN LESS THAN THE FULL AMOUNT IS PAID, WHO GETS TO DECIDE WHETHER IT WAS ALIMONY OR CHILD SUPPORT?

Posted in Alimony, Child Support, Practice Issues

What happens when a support obligor shorts his alimony and child support payments and then tax time comes around?  Of course, since alimony is deductible to the payor, he/she is likely to want to claim that most or all of the payments were alimony in order to get the deduction.  Inevitably, if the recipient doesn’t… Continue Reading

YOU CHEATED, YOU LIED, THE COURT SAYS “WHATEVER”

Posted in Alimony, Divorce, Equitable Distribution, Practice Issues

When meeting with a new client whose spouse has cheated on them, the anger, sadness, sense of loss and betrayal is often palpable.  They are quite often resolute that they can never get over their spouse’s indiscretion (though referring to it as an indiscretion seems to minimize it from the victim’s perspective), and proceeding to… Continue Reading